Legislation – Levelling-up and Regeneration Act 2023

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Part 2Local democracy and devolution

Chapter 2Other provision

Combined authorities

59Consent to changes to combined authority’s area

(1)

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

(2)

In section 104 (constitution of combined authority), after subsection (11) insert—

“(11A)

If the only provision made under this section in an order under this Part is provision as a result of an order under section 106 (changes to boundaries of combined authority’s area)—

(a)

subsection (10) does not apply to the order under this Part, and

(b)

subsections (3A) to (3H) of section 106 apply in relation to the order as if it contained the provision made by the order under section 106.”

(3)

Section 106 (changes to boundaries of combined authority’s area) is amended in accordance with subsections (4) to (9).

(4)

For subsection (3A) substitute—

“(3A)

An order under this section adding or removing a local government area to or from an existing area of a mayoral combined authority may be made only if—

(a)

the relevant council in relation to the local government area consents, and

(b)

the mayor for the area of the combined authority consents.

(3AA)

An order under this section adding or removing a local government area to or from an existing area of a combined authority which is not a mayoral combined authority may be made only if—

(a)

the relevant council in relation to the local government area consents, and

(b)

the combined authority consents.”

(5)

In subsection (3B), for “subsection (3A)(a)” substitute “subsections (3A)(a) and (3AA)(a)”.

(6)

In subsection (3C), after “subsection (3A)(a)” insert “or (3AA)(a)”.

(7)

After subsection (3C) insert—

“(3CA)

The question of whether to consent under subsection (3AA)(b) to an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

(3CB)

Subsection (3CA) applies instead of—

(a)

any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and

(b)

any provision made by a combined authority about its constitution under such an order about such procedure.”

(8)

For subsection (3D) substitute—

“(3D)

Where an order under subsection (1)(b) is made as a result of the duty in section 105B(5) or 107B(4)—

(a)

subsection (2) does not apply, and

(b)

neither subsection (3A) nor subsection (3AA) applies.”

(9)

After subsection (3D) insert—

“(3E)

Subsection (3F) applies if a combined authority has made provision about its constitution under an order under section 104(1).

(3F)

A decision about any change to that provision as a result of an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

(3G)

Subsection (3F) applies instead of—

(a)

any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and

(b)

any provision made by a combined authority about its constitution under such an order about such procedure.

(3H)

A reference in this section to a voting member—

(a)

includes a substitute member who may act in place of a voting member;

(b)

does not include a non-constituent member.”